Township of Hardyston, NJ Chapter 161 Tattooing and Body Piercing

[HISTORY: Adopted by the Township Council of the Township of Hardyston 5-4-1999 by Ord. No. 99-5. Amendments noted where applicable.]

§ 161-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BODY PIERCER

One who engages in body piercing.

BODY PIERCING

The piercing of any portion of the human body for placement of any type of jewelry or any other ornamentation, other than ear piercing.

CERTIFICATE OF INSPECTION

Written approval from the Health Officer or his/her authorized representative that said tattooing or body piercing establishment has been inspected and meets all of the terms of this chapter.

ESTABLISHMENT

The premises wherein tattooing or body piercing is performed.

HEALTH OFFICER

The Sparta Township Health Officer or his/her authorized representative.

OPERATOR

Any individual, firm, company, corporation or association that owns or operates an establishment where tattooing or body piercing is performed, and any individual who performs or practices the art of tattooing on the person of another.

SANITIZE

A bactericidal treatment of cleaned surfaces by a process which is effective in reducing the number of microorganisms to a safe level.

SINGLE USE

Products or items that are disposed of after use on each client, including but not limited to cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary covering, razors, needles, scalpel blades, stencils and ink cups.

STERILIZATION

Destruction of all forms of microbiotic life, including spores.

TATTOO ARTIST

One who engages in tattooing.

TATTOO, TATTOOED or TATTOOING

Any method of placing designs, letters, scrolls, figures, symbols or any marks under the skin with ink or any other substance resulting in the coloration of the skin, by the aid of needles or any other instruments designed to puncture the skin.

§ 161-2 Licensing regulations.

A. It shall be unlawful for any person to engage in the business of operating an establishment where tattooing or body piercing is performed without first obtaining a license from the Township of Hardyston to engage in such business in accordance with the provisions hereof. Body branding/scarification shall not be permitted.

B. An application for an initial license shall be made to the Health Department of the Township of Hardyston accompanied by a fee in the amount as set from time to time by resolution of the Township Council.[1]

(1) Application for licenses under this chapter shall be made to the Township of Hardyston, in writing, upon such printed forms as the Hardyston Board of Health shall prescribe and prepare. Such forms as the Board of Health shall prescribe and prepare may be obtained from the Township of Hardyston and shall be signed by the applicant under oath and shall contain the following information:

(a) If an individual, the full name, age, sex and residence address at the time of application.

(b) If a corporation, the full corporate name, the date and the state of incorporation, address of the place or places of business, the name and address of the registered agent and the name, address and age of any principal owning more than 10% of the stock.

(c) If a partnership, the information required by Subsection B(1)(a) above for each partner and the name under which the business is being conducted.

(d) The educational and/or business experience of the applicant in the business or occupation for which the license is sought.

(e) The length of time that the applicant has been engaged in such business or occupation.

(f) Whether the applicant carries public liability insurance and, if so, the amount of said coverage and the company providing such liability insurance.

(g) Whether the applicant has ever been convicted of any criminal violation, the date, nature and disposition of such criminal charges, summons, complaint or indictment.

(h) Name, address and age of every person to be initially employed to conduct the service. This shall be a continuing obligation for licenses to update the list of employees.

(i) State the date upon which Zoning Officer has approved the location for business.

(2) The Board of Health may deny an application where the investigation or inquiry demonstrates that:

(a) The information set forth in the application is incomplete or fraudulent;

(b) The applicant or any person conducting the business has been convicted of a crime or disorderly person offense which has not been expunged pursuant to N.J.S.A. 2C:52-1 et seq. r pardoned and which offense relates adversely to the business for which the license is sought. In this regard, the Board of Health shall be guided by N.J.S.A. 2A:168A-2;

(c) The applicant has within four months of the application been addicted to the habitual use of drugs or intoxicating liquors;

(d) The business property and location do not comply with requirements for business use, as the same are set forth by the Zoning Officer and/or other departments or agencies of the Township of Hardyston.

(3) The Board of Health shall not issue any license until the Health Official shall issue a certificate stating that the proposed establishment, instruments and applicant have met all applicable state, federal and municipal health codes and regulations.

[1] Editor's Note: See Ch. 88, Fees.

C. No license or renewal thereof granted under the provisions of this article shall be assignable or transferable. Any change of ownership shall require a new application and license with payment of fees.

D. The renewal license fee for engaging in the business of operating an establishment subject to this chapter within the Township of Hardyston shall be as set from time to time by resolution of the Township Council.[2] All licenses shall expire on the last day of each calendar year. The first license expiration date for renewal shall be December 31, 1999. All applications for renewal must be presented to the Board in writing on forms prescribed by the Board, within 30 days of the end of the calendar year.

[2] Editor's Note: See Ch. 88, Fees.

E. All establishments existing at the time of the enactment of this chapter will be considered renewal applications, provided that they apply for renewal of said license within one month after the effective date of this chapter. Establishments failing to apply within the specified time period will be considered new applicants and will be subject to the provision of Subsection B of this section.

F. All applicants shall comply with the provisions of this chapter, as well as all other applicable codes, regulations or laws. In addition, if renovations of the tattoo or body piercing establishment occur, plans shall be submitted to the Township of Hardyston.

G. In the event that an applicant fails to qualify for a license under this chapter, the fee herein shall not be refunded.

H. The license issued pursuant to this section shall be posted conspicuously in the place of business or location named therein.

I. All establishments shall manage contaminated (body fluids) contact waste materials as medical waste pursuant to N.J.A.C. 7:26-3A.8. All establishments shall be licensed with the State of New Jersey as a medical waste generator, pursuant to N.J.A.C. 7:26-3A.8 prior to approval from the Board of Health.

§ 161-3 General provisions.

A. Age. It shall be a violation of this chapter for anyone or any tattoo or body piercing business to tattoo or body pierce any individual under 18 years of age without authorization signed by the parent or legal guardian witnessed and attested to by a notary public. The operator shall be responsible for maintaining the original consent form and copies of all consent information for a period of two years beyond the recipient's 21st birthday. The operator shall obtain a copy of a photo ID of such individual being tattooed and/or pierced.

B. Each person wishing to receive a tattoo or body piercing must first apply to the operator on a form approved by the Hardyston Board of Health. A tattoo or body piercing may then be applied no sooner than one hour after the time of the application received by the tattooist or body piercer. If the applicant is suspected to be under the influence of alcohol, drugs or any other behavior modifying substance, the operator must refuse the applicant.

C. All records regarding tattoos or body piercing are to be maintained for a minimum of two years. Information required for each applicant referred to in § 161-2B is to include the name, age, date of birth, address and telephone number of the applicant as well as the name of the person who did the tattoo or body piercing, the design, location, ink lot number(s) and the date of the tattoo or type of body piercing done.

§ 161-4 Sanitary requirements; design and layout specification.

A. Each tattoo or body piercing facility shall have a bathroom accessible to the public and staff. Each bathroom shall be equipped with a commode and a sink, with the sink being connected to hot and cold running water. Soap and sanitary towels, or other approved hand drying devices, shall be available at the sink at all times. Common towels are prohibited. In addition to the above, each tattooing or body piercing cubicle or work station must be provided with a sink connected to hot and cold running water. This area shall also be supplied with soap and appropriate hand drying facilities. Employee Handwashing Signs shall be posted in each bathroom.

B. The chair or seat reserved for the person receiving the tattoo or body piercing shall be a material that is smooth and easily cleanable and constructed of material that is nonabsorbent. Any surface on the chair that becomes exposed to blood or body fluids must be cleaned and sanitized prior to use by the next customer.

C. The work table or counter used by the tattoo artist or body piercer shall be smooth and easily cleanable and constructed of material that is nonabsorbent. There shall be a coved junction between the table/counter and the wall if the table/counter is to be placed against the wall. This table/counter must be cleaned and sanitized (utilizing a method approved by the Hardyston Board of Health) between customers.

D. The walls in the tattooing or body piercing area shall be smooth and easily cleanable and constructed of a nonabsorbent material.

E. The floor in the tattooing or body piercing area shall be of durable material that is nonabsorbent and is smooth and easily cleanable. Floors shall be kept clean.

F. Lighting within the tattoo or body piercing area shall be adequate so as to provide a minimum of 100 foot-candles in all areas.

G. The work area reserved for the application of the tattoo or body piercing shall be separated from other areas of the establishment by walls or durable partitions extending at least six feet in height and so designed to discourage any persons other than the customer, the tattoo artist or body piercer from being in the work area.

H. Any surfaces in the establishment that become exposed to blood or body fluids must be cleaned and sanitized, utilizing a method approved by the Hardyston Board of Health.

I. Products used in the cleaning, sanitizing and sterilizing procedures must be clearly marked and stored in an acceptable manner. Smaller working containers filled on site from larger containers must be clearly marked with the name of the product.

J. Proper waste receptacles shall be provided and waste shall be disposed of at appropriate intervals.

K. The use of tobacco in any form while engaged in tattooing and/or body piercing procedures is prohibited. The use of tobacco shall be restricted to areas physically removed from tattoo/body piercing work areas.

L. The consumption of food or drink shall be prohibited in the tattoo/body piercing work areas of the parlor.

M. Only articles considered necessary to the routine operation and maintenance of the tattoo/body piercing workroom operation shall be permitted in the tattoo parlor.

N. No live bird, turtle, snake, dog, cat or other animal shall be permitted in any area used for the conduct of tattooing and/or body piercing operations or in the immediate open, adjacent areas including the main waiting area and the public access to the toilet room, with the exception of animals utilized for the assistance of the blind and/or deaf.

O. Effective measures shall be taken to protect the entrance into the parlor and the breeding or presence on the premises of insects and rodents.

(1) Anyone using pesticides must be certified by the State of New Jersey for application of the same.

(2) The use of pesticides shall not result in the contamination of dyes, inks, ink reservoirs, needles, jewelry or gloves or any equipment used in connection with the operation.

§ 161-5 Regulation of tattoo or body piercing parlors.

A. Tattoo artist or body piercer.

(1) Hepatitis B pre-exposure vaccination or proof of immunity is required for all tattoo artists or body piercers. If a person cannot obtain the vaccination for medical reasons, he/she shall submit to the Hardyston Board of Health a letter from his/her physician certifying that the individual does not have hepatitis B and the vaccination is contraindicated. This certification shall be renewed annually. The operator shall develop operating guidelines that will prevent accidental needle sticks and establish a monitoring system for those persons accidentally stuck by a needle. The guidelines shall be submitted to the Board of Health for approval prior to the issuance of a license and subsequent renewals of license.

(2) Hepatitis B proof of immunity is required for all tattoo artists or body piercers. Tattoo artists or body piercers shall submit to the Hardyston Board of Health a letter from his/her physician certifying that the individual does not have hepatitis C. This certification shall be renewed annually.

(3) Before working on each patron, each tattoo artist or body piercer shall scrub and wash his/her hands thoroughly with hot water and antiseptic soap using his/her individual hand brush. Fingernails shall be kept clean and short.

(4) Disposable vinyl or latex gloves shall be worn by the tattoo artist or body piercer during tattoo preparation and application to prevent contact with blood or body fluids. Universal precautions described by the Centers for Disease Control and Prevention (CDC) shall be followed. All materials shall be disposed of in accordance with § 161-5E of this chapter after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has contact with blood shall be washed immediately.

(5) Immediately after tattooing or body piercing a patron, the tattooist or body piercer shall advise the patron on the care of the tattoo or body piercing in a written form and shall instruct the patron to consult a physician at the first sign of infection of the tattoo or body piercing. Printed instructions regarding these points shall be given to each patron.

(6) All infections resulting from the practice of tattooing or body piercing which become known to the operator shall be promptly reported to the Health Officer by the person owning or operating the tattoo or body piercing establishment or by the tattoo artist or body piercer.

B. Skin preparation.

(1) Tattooing or body piercing shall be done only on normal, healthy skin surface that is free of moles or infection.

(2) Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to § 161-5E of this chapter after each use, and new blades shall be used for each patron.

(3) Following shaving, the area shall be thoroughly cleansed and scrubbed with tincture of green soap or its equivalent and warm water. Before placing the design or body piercing on the patron's skin, the area shall be treated with 70% alcohol and allowed to air dry. Piercing of mucous membranes (i.e., oral, nasal, vaginal, etc.) shall be treated with an industry-appropriate and medically indicated antiseptic solution prior to the procedure.

(4) Only petroleum jelly (U.S.P. or National Formulary) or antiseptic ointment shall be applied to the tattoo area prior to tattooing or body piercing. The ointment shall be applied in a sanitary manner, disposing of the utensil after spreading. Collapsible tubes of ointment or jelly may also be used.

C. Tattooing or body piercing.

(1) The use of single service hectographic stencils shall be required for applying a tattoo outline to the skin. Multiuse stencils shall be prohibited.

(2) Only nontoxic dyes or pigments may be used. Premixed sterile materials are preferred. Premixed dyes shall be used without adulteration of the manufacturer's original formula. It shall be the responsibility of the operator to provide certification to the Hardyston Board of Health of the nontoxicity of the dyes or inks at the time of license application and renewal.

(3) Single service or individual containers of dye or ink shall be used for each patron and the container disposed of immediately after completing work on each patron.

(4) The completed tattoo shall be washed with sterile gauze and a solution of tincture of green soap or its equivalent, then disinfected with 70% alcohol. The area shall be allowed to air dry and antiseptic ointment shall be applied and spread with sterile gauze and sterile dressing attached.

(5) Upon completion of piercing of the mucous membranes, the area shall be disinfected with the industry-appropriate and medically indicated solutions.

D. Needles and instruments.

(1) Only single service sterilized needles and needle bars shall be used for each patron.

(2) If solder is used in manufacturing needles, needle bars or needle tubes, it must be free of lead.

(3) Any needle that penetrates the skin of the tattoo artist or body piercer shall be immediately disposed of in accordance with § 161-5E of this chapter.

(4) Needle tubes shall be soaked with soapy water, then scrubbed with a clean brush, then rinsed clean. Needle tubes shall be sterilized in accordance with § 161-4D(5), stored in sterile bags and maintained in a dry, closed area.

(5) Each item to be sterilized shall be individually wrapped using chemical indicator bags or chemical indicator strips. Sterilization shall be by steam sterilization. The sterilizer shall be well maintained with a tight-fitting gasket and clean interior. The manufacturer's operating instructions and sterilization specifications shall be at hand. The sterilizer shall conform to the manufacturer's specifications with regard to temperature, pressure and time of sterilization cycle. Proper functioning of sterilization cycles shall be verified by the weekly use of biologic indicators (i.e., spore tests). A log book of these weekly test results shall be available, and a test may be required to be done during any inspections.

(6) If the primary source of sterilization malfunctions, the Hardyston Board of Health shall be notified within 24 hours. In an emergency situation, the Hardyston Board of Health may approve alternate sterilization techniques.

(7) Needles and bars shall not be bent or broken prior to disposal. Tattoo artists or body piercers shall take precautions to prevent injuries from contaminated needles or tubes.

E. Disposal of waste. All used needles, needle bars or other tools used in the tattooing process, as well as gloves, gauze and other materials contaminated with blood or body fluids, shall be removed through the use of a licensed medical waste hauler.

§ 161-6 Violations and penalties; enforcement.

A. An amount not less than $250 nor more than $1,000 for each violation of this chapter shall be payable to the Township of Hardyston. Each day that the violation exists is considered to be a separate offense.

B. Reasonable counsel fees incurred by the Township of Hardyston in the enforcement of this chapter shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the court hearing the matter.

C. After due notice and hearing, the Board may suspend or revoke any license issued under this chapter for violation of the provisions of this chapter.